Policies, initiatives and tools to promote women’s economic empowerment in the world of work in the United States Acknowledgements The WE Empower G7 Programme is funded by the European Union (EU) and implemented by the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) and the International Labour Organization (ILO). WE EMPOWER G7 contributes to advancing women's economic empowerment and encourages businesses to promote gender equality in the workplace, marketplace and community by signing the Women’s Empowerment Principles and implementing the principles of the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policies (MNE Declaration) and international labour standards on gender equality at work. This mapping document has been produced with financial support from the European Union. It was commissioned by the ILO and Mary E. Robbins (consultant) carried out the review in the United States. The views expressed are those of the author and do not necessarily represent the views of UN Women, the International Labour Organization, and the European Union or their constituents. The author would like to thank the project’s Advisory Group of the United States for the inputs and comments received. Published in 2019. Contents Introduction ............................................................................................................................................ 1 Policies and Initiatives on Gender Pay Gap ..................................................................................... 2 A. Legislative Framework ............................................................................................................... 2 B. Policies and Initiatives taken by Government ......................................................................... 3 C. Policies and Initiatives taken by Employers’ Organizations ................................................. 3 D. Policies and Initiatives taken by Workers’ Organizations ..................................................... 5 E. Initiatives by other Actors ........................................................................................................... 7 Policies and Initiatives on Women in Business, Entrepreneurship, and Trade .......................... 8 A. Legislative Framework ................................................................................................................ 8 B. Policies and Initiatives taken by Government ......................................................................... 9 C. Policies and Initiatives taken by Employers’ Organizations ............................................... 10 D. Policies and Initiatives taken by Workers’ Organizations ................................................... 11 E. Initiatives taken by other Actors ............................................................................................. 12 Policies and Initiatives on Young Women and Skills for the Future ........................................... 12 A. Legislative Framework .............................................................................................................. 12 B. Policies and Initiatives taken by Government ....................................................................... 13 Bibliography ........................................................................................................................................ 14 Introduction The EU, UN Women and ILO project “Empowering women at work through responsible business in G7 countries” (WE EMPOWER G7) aims at supporting sustainable, inclusive and equitable economic growth by promoting women’s economic empowerment in public and private sector in G7 countries. WE EMPOWER G7 convenes stakeholder dialogues on gender equality in the changing world of work in Canada, Japan, the United States and the EU to exchange knowledge, experiences, good practices and lessons learned. The inception phase of the project (January-June 2018), focused on collecting data, information and knowledge on women’s economic empowerment, including policies, guidelines, tools and resources in the target G7 countries, in order to foster exchange of good practices. As a result of preliminary consultations with the project stakeholders and in line with the thematic areas of the ILO’s Women at Work Centenary Initiative (pay equity, violence and harassment in the world of work and care work and care policies), three themes were selected for the United States: the gender pay gap; women in business, entrepreneurship and trade; and young women and skills for the future. This mapping document covers legislation, policies and initiatives on women’s economic empowerment undertaken by or of relevance to governments, employers’ and workers’ organizations of the United States. It is intended as an overview rather than as an exhaustive review. It also identifies relevant knowledge products linked to such laws, policies and initiatives. All information in this document is as of August 2018, with specific updates until June 2019. 1 | P a g e Policies and Initiatives on Gender Pay Gap A. Legislative Framework 1. Lilly Ledbetter Fair Pay Act, 2009 (Public Law No: 111-2, signed into law 29 January 2009) Full Legislative Text The Act amends Civil Rights Act of 1964 and restores longstanding law. It helps to ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under the federal anti-discrimination laws. (a) Employers will have a strong incentive to eliminate any discriminatory compensation practices because they will continue to be held accountable for discriminatory pay practices. (b) The Act enables individuals to challenge continuing pay discrimination, ensuring both that employees are not penalized if they are initially unaware of the discrimination and that they remain able to challenge pay discrimination that is compounded by raises, pensions, and other contributions over time. (c) Employees will continue to have every incentive to challenge compensation discrimination claims as promptly as possible. Plaintiffs are still subject to Title VII’s two-year limitation on back-pay and, because employees bear the burden of proof in Title VII discrimination cases, they will disproportionately be affected by delayed litigation. But the Act gives employees the time necessary to evaluate and confirm that they have been subject to discrimination without forfeiting their right to file a charge. This will ultimately limit the number of pay discrimination claims that are filed. 2. Title VII of the Civil Rights Act, 1964 (Public Law No. 88-352, signed into law 2 July 1964; amended 2009) Full Legislative Text The Act outlaws discrimination based on race, color, religion, sex, or national origin. (a) Title VII’s coverage is much broader than the Equal Pay Act (EPA) of 1963. While the EPA of 1963 only prohibits wage discrimination based on sex, Title VII bars all employment discrimination (including hiring, firing, and promotion as well as wage) in more categories (including race, color, religion, and national origin as well as sex). (b) Title VII generally applied to employers with 15 or more employees, including federal, state, and local governments. (c) Title VII also applied to private and public colleges and universities, employment agencies, and labor organizations. 2 | P a g e 3. Equal Pay Act, 1963 (Public Law No. 88-38, signed into law 10 June 1963) Full Legislative Text A United States labor law passed to amend the Fair Labor Standards Act to end wage disparity based on sex. 4. Fair Labor Standards Act, 1938 (Public Law No. 29 U.S.C. § 203, signed into law 25 June 1938; amended 2011) Full Legislative Text The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. 5. Other related laws: Family and Medical Leave Act, 1993 (Public Law No. 103-3, signed into law 5 February 1993; amended 2015) The Act entitles eligible employees of covered employers to take unpaid, job- protected leave for specified family and medical reasons. B. Policies and Initiatives taken by Government No federal policies or initiatives on the gender pay gap were identified. Former policies and initiatives have been canceled or remain un-renewed. 1. The State of New York Implementing Actor: NY Department of Labor and Division of Human Rights Achieve Pay Equity Act (APEA) S. 1/A. 6075 - 21 October 2015. (a) The bill eliminates a loophole in the current law that allows employers to prohibit employees from discussing their salaries under threat of termination or suspension. Specifically, the bill allows employees to discuss their wages with each other. (b) Further, the bill increases the amount of damages available to an employee if an employer willfully violates the law. 2. The State of California Implementing Actor: California Secretary of State SB-826 Corporations: boards of directors. – 30 September 2018. (a) By the end of 2019, publicly traded corporations headquartered in CA must have at least 1 woman director on their board of directors. By the end of 2021, public companies will have to increase the proportion of women on the board dependent on the size of the board. (b) Companies in violation of the law will face monetary penalties. C. Policies and Initiatives taken by Employers’ Organizations 1. Women's Economic Empowerment Initiative